This petition is filed under Section 439 of Cr.P.C. seeking

regular bail of the petitioner/accused No.1 in Crime No.38/2022

of High Grounds Police Station, Bengaluru City, for the offence

punishable under Sections 8(c) and 22(c) of NDPS Act.

2.

Heard the learned counsel for the petitioner and the

learned High Court Government Pleader appearing for the

respondent-State.

3.

The factual matrix of the case of the prosecution is

that, this petitioner had indulged in trafficking MDMA and 11

grams of MDMA was seized which is a commercial quantity and

hence, case has been registered and the matter is under

investigation. Hence, the police have invoked the offence under

Sections 8(c) and 22(c) of the NDPS Act.

4.

Learned counsel for the petitioner would submit that

this petitioner is a Jim Trainer and he is in custody from

23.03.2022 and the counsel also would submit that MDMA seized

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is only 11 grams i.e., one gram higher than the commercial

quantity and there is no need of further custodial investigation.

The counsel would further submit that there are no criminal

antecedents against the petitioner herein. Hence, he may be

enlarged on bail.

5.

Per contra, learned High Court Government Pleader

for the respondent-State would submit that, 11 grams of MDMA

was seized from the conscious possession of this petitioner and

the same is worth of Rs.1,50,000/-. Hence, there is a prima

facie case against the petitioner herein.

6.

Having heard the respective counsel and also on

perusal of the material available on record, the quantum of

MDMA seized i.e., 11 grams which is one gram higher than the

commercial quantity and this petitioner is also under custody

from 23.03.2022 and there is no criminal antecedents against

this petitioner. Hence, taking note of the nature of allegation

and also accusation made against the petitioner and apart from

that the quantity of MDMA seized is only 11 grams which is one

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gram higher than the commercial quantity and when there is no

criminal antecedents against this petitioner, it is a fit case to

exercise the powers under Section 439 of Cr.P.C., subject to

imposing certain conditions to protect and safeguard the interest

of the prosecution. Hence, I pass the following:-

ORDER

The

Petition

is

allowed.

Consequently,

the

petitioner/accused No.1 shall be released on bail in No.38/2022

of High Grounds Police Station, Bengaluru City, for the offence

punishable under Sections 8(c) and 22(c) of NDPS Act., subject

to the following conditions:

(i)

The petitioner shall execute personal bond for

a sum of Rs.2,00,000/- (Rupees Two Lakhs

only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii)

The petitioner shall not indulge in tampering

the prosecution witnesses.

(iii)

The

petitioner

shall

appear

before

the

jurisdictional Court on all the future hearing

dates, unless exempted by the Court for any

genuine cause.

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(iv)

The petitioner shall not leave the jurisdiction of

the Trial Court without prior permission of the

Court, till the case registered against him is

disposed of.

Sd/-

JUDGE

ST